Removal or replacement of authorized fiduciary.

Checkout our iOS App for a better way to browser and research.

(1) An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless:

  1. The person holding the power consents to the modification in a signed record and the modification applies only to the person;

  2. The person holding the power and the qualified beneficiaries of the second trust consent tothe modification in a signed record and the modification grants a substantially similar power to another person; or

  3. The court approves the modification and the modification grants a substantially similar power to another person.

Source: L. 2016: Entire part added, (SB 16-085), ch. 228, p. 885, § 1, effective August 10.


Download our app to see the most-to-date content.